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B-416582.4 1 (2018-12-10)

handle is hein.gao/gaobadviq0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: A. Finkl and Sons, Co. DBA Finkl Steel File: Date: B-416582.4 December 10, 2018 James W. Kim, Esq., and Llewelyn M. Engel, Esq., McDermott Will & Emery LLP, for the protester. Alexis J. Bernstein, Esq., Erika L. Whelan Retta, Esq., and Isabelle P. Cutting, Esq., Department of the Air Force, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's non-responsibility determination based on foreign ownership, control, and influence concerns is denied where the record shows that the agency reasonably identified concerns with the accuracy of the protester's initial ownership disclosures and afforded the protester an opportunity to address the agency's concerns, but the protester failed to adequately respond. DECISION A. Finkl and Sons, Co. DBA Finkl Steel, of Chicago, Illinois, challenges the Department of the Air Force's decision to terminate the contract awarded to Finkl under request for proposals (RFP) No. FA8681-17-R-0036 for BLU-1 37/B Penetrator Warhead production. Finkl challenges the agency's determination that the protester was ineligible for award under the terms of the RFP due to an impermissible foreign, ownership, control, or influence (FOCI) issue arising from its ownership by a foreign parent. We deny the protest.

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